PEOPLE v. MARTINEZ

No. B190508.

64 Cal.Rptr.3d 580 (2007)

154 Cal.App.4th 314

The PEOPLE, Plaintiff and Respondent, v. Victor Arturo MARTINEZ, Defendant and Appellant.

Court of Appeal of California, Second District, Division Five.

August 20, 2007.


Attorney(s) appearing for the Case

Thomas T. Ono, under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Linda C. Johnson, Supervising Deputy Attorney General, Michael A. Katz, Deputy Attorney General, for Plaintiff and Respondent.


Certified for Partial Publication.*

MOSK, J.

INTRODUCTION

After defendant and appellant Victor Martinez (defendant) engaged in a physical altercation with two clerks at a convenience store, he left the scene but returned shortly and again began to fight with them in the parking lot of the store. After being struck repeatedly with a wooden dowel wielded by one of the clerks, defendant, bleeding from a gash on his forehead...

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